APPENDIX A Quick Reference Chart for Determining Key Immigration Consequences of Common New York s For information on the applicability of these consequences to a specific noncitizen, see Chapter 3. For detailed information on the following: (AF) deportability, see Appendix G, section 1 (and for aggravated felony practice aids, see Appendix C) Controlled Substance (CSO) deportability, see Appendix G, section 3, & inadmissibility, see Appendix H, section 1 deportability, see Appendix G, section 5 (CIMT) deportability, see Appendix G, section 2, & inadmissibility, see Appendix H, section 2 (and for sample moral turpitude determinations, see Appendix D) Crime Of Domestic Violence (CODV) and Stalking and Violation of Protection Order deportability, see Appendix G, section 5 Firearm (FO) deportability, see Appendix G, section 4 inadmissibility, see Appendix H, section 4 For strategies to avoid these grounds of deportability and inadmissibility, see Chapter 5. NEW YORK PENAL LAW OFFENSES [For New York Vehicle and Traffic offenses, see the chart beginning on page A-45.] CRIMINAL SOLICITATION solicitation 100.00-100.13 CONSPIRACY Conspiracy 105.00-105.17 Might be deemed an AF if the underlying offense is an A conspiracy to commit an AF would also be deemed an considered a CIMT if the underlying offense is A conspiracy to commit a CIMT would probably be Firearm (FO) Conviction might be considered a CSO, etc., if the underlying offense is a CSO, etc., but there is some case law supporting a contrary argument (See Appendix E). Conviction would be considered a CSO or FO if the underlying offense is a CSO or FO. (5/03) A 1
APPENDIX A ATTEMPT Attempt 110.00 An attempt to commit an AF would also be deemed an CRIMINAL FACILITATION facilitation 115.00-115.08 Might be deemed an AF if the underlying offense is an ASSAULT AND RELATED OFFENSES Assault, 3rd degree Assault, 120.00 No, unless maximum term of imposed and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, in which case conviction under subsection (1) might be deemed a crime of violence AF 120.05 If term of imprisonment imposed, conviction under subsection (2) would probably crime of violence AF and conviction under any other subsection might be deemed a crime of violence An attempt to commit a CIMT would probably be considered a CIMT if the underlying offense is Conviction under subsections (1) or (3) might be considered a CIMT; conviction under subsection (2) would NOT be considered a CIMT, particularly under subsections (1), (2), (4), (5), (7), (8), and (9). Firearm (FO) Conviction would be considered a CSO or FO if the underlying offense is a CSO or FO. Conviction might be considered a CSO, etc., if the underlying offense is a CSO, etc., but there is some case law supporting a contrary argument (See Appendix E). Conviction under subsection (3) might be considered a FO if record of conviction establishes that offense involved a firearm. If the victim was a current or former spouse or similarly situated individual and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, a conviction under subsection (1) might also be considered a CODV. Conviction under subsections (2) or (4) might be considered a FO if record of conviction establishes that offense involved a firearm. If the victim was a current or former spouse or similarly situated individual, a conviction might also be considered a CODV. A 2 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES ASSAULT AND RELATED OFFENSES (continued) Assault on a peace officer, police officer, fireman or emergency medical services professional 120.08 If term of imprisonment imposed, might crime of violence Might be considered Firearm (FO) Class C felony Assault, Class B felony assault upon a police officer or peace officer Class B felony 120.10 If term of imprisonment imposed, conviction under subsection (1) would probably crime of violence AF and conviction under subsections (2), (3) and (4) might crime of violence 120.11 If term of imprisonment imposed, would probably be deemed a crime of violence considered a CIMT, particularly under subsections (1), (2), and (3). Conviction under subsection (1) might be considered a FO if record of conviction establishes that offense involved a firearm. If the victim was a current or former spouse or similarly situated individual, a conviction might also be considered a CODV. Conviction might be considered a FO if record of conviction establishes that offense involved a firearm. (5/03) A 3
APPENDIX A ASSAULT AND RELATED OFFENSES (continued) assault upon a person less than eleven years old Menacing, 120.12 If term of at least one year is imposed and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, might be deemed a crime of violence AF if record of conviction shows the crime committed is assault as defined under subsection (1) of 120.00. 120.13 If term of imprisonment imposed, might crime of violence AF if record of conviction shows the crime committed is menacing as defined under subsection (1) of 120.14. If term of at least one year is imposed and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, might be deemed a crime of violence AF regardless of what record of conviction establishes. Might be considered a CIMT depending on subsection of 3rd degree assault under which defendant is charged, see above Assault, 3rd degree. Firearm (FO) Conviction would probably be considered a CAC. Conviction might be considered a FO if record of conviction establishes that offense involved a firearm. If the victim was a current or former spouse or similarly situated individual, a conviction might also be considered a CODV. A conviction might also trigger deportability under CODV clause regarding crime of stalking. A 4 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES ASSAULT AND RELATED OFFENSES (continued) Menacing, Menacing, 3rd degree Class B Reckless endangerment, 120.14 No, unless maximum term of imposed in which case conviction under subsection (1) might be deemed a crime of violence If maximum term of imprisonment of imposed and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, conviction under subsections (2) and (3) might also be deemed a crime of violence AF 120.15 No. Might be considered 120.20 No, unless maximum term of imposed and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, in which case might be deemed a crime of violence Might be considered Firearm (FO) Conviction under subsection (1) might be considered a FO if record of conviction establishes that offense involved a firearm. If the victim was a current or former spouse or similarly situated individual, a conviction might also be considered a CODV. A conviction might also trigger deportability under CODV clause regarding crime of stalking, and a conviction under subsection (3) might trigger deportability under CODV clause regarding violators of protection orders. If the victim was a current or former spouse or similarly situated individual and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, a conviction might be considered a CODV. A conviction might also trigger deportability under CODV clause regarding crime of stalking. If the victim was a current or former spouse or similarly situated individual and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, a conviction might be considered a CODV. (5/03) A 5
APPENDIX A ASSAULT AND RELATED OFFENSES (continued) Reckless endangerment, Stalking, 4th degree Class B 120.25 If term of imprisonment imposed, might crime of violence 120.45 No. Firearm (FO) If the victim was a current or former spouse or similarly situated individual, a conviction might be considered a CODV. A conviction would probably trigger deportability as a crime of stalking, or, if the victim was a current or former spouse or similarly situated individual and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, a conviction might also be considered a CODV. A 6 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES ASSAULT AND RELATED OFFENSES (continued) Stalking, 3rd degree 120.50 No, unless maximum term of imposed in which case conviction under subsection (3) might be deemed a crime of violence AF if the record of conviction shows fear of commission of a sex offense, kidnapping, unlawful imprisonment or death (as opposed to physical injury or serious physical injury). If maximum term of imprisonment of imposed and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, conviction under any subsection might crime of violence AF, particularly (if convicted under subsections (1), (2) or (4)) if record of conviction shows the crime committed is stalking as defined under subsection (1) of 120.45. Firearm (FO) A conviction would probably trigger deportability as a crime of stalking, or, if the victim was a current or former spouse or similarly situated individual, a conviction might also be considered a CODV. (5/03) A 7
APPENDIX A ASSAULT AND RELATED OFFENSES (concluded) Stalking, Stalking, 120.55 If term of imprisonment imposed, conviction under subsection (1) would probably be deemed a crime of violence AF, particularly if the record of conviction shows threatened use of any of the enumerated weapons (as opposed to mere display) and conviction under any other subsection might be deemed a crime of violence 120.60 If term of imprisonment imposed, would probably be deemed a crime of violence AF if record of conviction shows the crime committed is stalking as defined under subsection (1) of 120.55, and otherwise might be deemed a crime of violence Conviction under subsection (2) might also be considered a rape, or sexual abuse of a minor Firearm (FO) A conviction would probably trigger deportability as a crime of stalking, or, if the victim was a current or former spouse or similarly situated individual, a conviction might also be considered a CODV. Conviction under subsection (1) might also be considered a FO if record of conviction establishes that offense involved a firearm. A conviction would probably trigger deportability as a crime of stalking, or, if the victim was a current or former spouse or similarly situated individual, a CODV. A 8 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES HOMICIDE, ABORTION, AND RELATED OFFENSES ly negligent homicide 125.10 Probably not. Would probably NOT be considered Firearm (FO) Vehicular manslaughter, Vehicular manslaughter, Class C felony Manslaughter, Class C felony 125.12 If term of imprisonment imposed and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, might be deemed a crime of violence 125.13 If term of imprisonment imposed and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, might be deemed a crime of violence 125.15 If term of imprisonment imposed and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, might be deemed a crime of violence Would probably NOT be considered Would probably NOT be considered Conviction under subsection (1) would be considered a CIMT; conviction under subsections (2) or (3) might be If the victim was a current or former spouse or similarly situated individual and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, a conviction might be considered a CODV. (5/03) A 9
APPENDIX A Firearm (FO) HOMICIDE, ABORTION, AND RELATED OFFENSES (concluded) Manslaughter, Class B felony Murder, -I felony Murder, -I felony SEX OFFENSES Sexual misconduct 125.20 If term of imprisonment imposed, conviction under subsections (1), (2), and (4) might be deemed a crime of violence Conviction under subsections (1), (2), or (4) would be considered a CIMT; conviction under subsection (3) might be If the victim was a current or former spouse or similarly situated individual, a conviction might be considered a CODV. 125.25 If the victim was a current or former spouse or similarly situated individual, a conviction might be considered a CODV. 125.27 If the victim was a current or former spouse or similarly situated individual, a conviction might be considered a CODV. 130.20 Conviction under subsections (1) or (2) might be deemed a rape, or sexual abuse of a minor AF, OR, if maximum term of imprisonment of imposed, might crime of violence If the victim was a current or former spouse or similarly situated individual, a conviction might be considered a CODV. If the record of conviction shows that the victim was a child, the conviction might also be considered a CAC. A 10 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES SEX OFFENSES (continued) Rape, 3rd degree Rape, 130.25 Conviction under subsection (2) would probably sexual abuse of a minor AF, particularly if the record of conviction shows that the victim is under the age of 16; OR conviction under subsections (1) or (3) might be deemed a rape AF; OR conviction under any subsection might be deemed a crime of violence AF if term of at least one year is imposed. 130.30 Conviction under subsection (1) would probably be deemed sexual abuse of a minor AF and conviction under subsection (2) might be deemed rape, or sexual abuse of a minor AF; OR, conviction under either subsection might be deemed a crime of violence AF if term of at least one year is imposed. Firearm (FO) If the victim was a current or former spouse or similarly situated individual, a conviction would probably be considered a CODV. If the record of conviction shows that the victim was a child, the conviction might also be considered a CAC, particularly if conviction under subsection (2). If the victim was a current or former spouse or similarly situated individual, a conviction would probably be considered a CODV. If the record of conviction shows that the victim was a child, the conviction might also be considered a CAC. (5/03) A 11
APPENDIX A SEX OFFENSES (continued) Rape, Class B felony Sodomy, 3rd degree 130.35 Yes, rape, or sexual abuse of a minor 130.40 Conviction under subsection (2) would probably sexual abuse of a minor AF, particularly if the record of conviction shows that the victim is under the age of 16; OR conviction under subsection (1) or (3) might be deemed a rape AF; OR conviction under any subsection might be deemed a crime of violence AF if term of at least one year is imposed. Firearm (FO) If the victim was a current or former spouse or similarly situated individual, a conviction would probably be considered a CODV. If the record of conviction shows that the victim was a child, the conviction might also be considered a CAC, particularly if conviction under subsection (3). If the victim was a current or former spouse or similarly situated individual, a conviction would probably be considered a CODV. If the record of conviction shows that the victim was a child, the conviction might also be considered a CAC, particularly if conviction under subsection (2). A 12 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES SEX OFFENSES (continued) Sodomy, Sodomy, Class B felony 130.45 Conviction under subsection (1) would probably be deemed sexual abuse of a minor AF and conviction under subsection (2) might be deemed rape, or sexual abuse of a minor ; OR, conviction under either subsection might be deemed a crime of violence AF if term of imprisonment imposed. 130.50 Conviction under subsection (3) or (4) would be deemed a sexual abuse of a minor AF and conviction under subsection (1) or (2) would probably rape AF; OR, conviction under any subsection might be deemed a crime of violence AF if term of imprisonment one year is imposed. Firearm (FO) If the victim was a current or former spouse or similarly situated individual, a conviction would probably be considered a CODV. If the record of conviction shows that the victim was a child, the conviction might also be considered a CAC. If the victim was a current or former spouse or similarly situated individual, a conviction would probably be considered a CODV. If the record of conviction shows that the victim was a child, the conviction might also be considered a CAC, particularly if conviction under subsection (3). (5/03) A 13
APPENDIX A SEX OFFENSES (continued) Forcible touching Sexual abuse, 3rd degree Class B Sexual abuse, 130.52 If the record of conviction shows that the victim was a minor, particularly under age 16, would probably be deemed a sexual abuse of a minor AF; OR, if maximum term of imprisonment of imposed, might be deemed a crime of violence 130.55 If the record of conviction shows that the victim was a minor, particularly if under age 16, would probably sexual abuse of a minor 130.60 If the record of conviction shows that the victim was a minor, would probably sexual abuse of a minor AF, OR, if maximum term of imprisonment of imposed, might crime of violence Firearm (FO) If the victim was a current or former spouse or similarly situated individual, a conviction might be considered a CODV. If the record of conviction shows that the victim was a child, the conviction might also be considered a CAC. If the record of conviction shows that the victim was a child, the conviction would probably be considered a CAC. If the record of conviction shows that the victim was a child, the conviction would probably be considered a CAC, particularly if conviction under subsection (2). A 14 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES SEX OFFENSES (continued) Sexual abuse, sexual abuse, 4th degree sexual abuse, 3rd degree 130.65 If the record of conviction shows that the victim was a minor, would probably sexual abuse of a minor AF, OR, if term of at least one year is imposed, might crime of violence 130.65- a If the record of conviction shows that the victim was a minor, would be deemed a sexual abuse of a minor AF, OR, in other cases, might be deemed rape AF, OR if term of at least one year is imposed, might crime of violence 130.66 If the record of conviction shows that the victim was a minor, would be deemed a sexual abuse of a minor AF, OR, in other cases, might be deemed rape AF, OR if term of at least one year is imposed, might crime of violence Firearm (FO) If the victim was a current or former spouse or similarly situated individual, a conviction might be considered a CODV. If the record of conviction shows that the victim was a child, the conviction would probably be considered a CAC, particularly if conviction under subsection (3). If the victim was a current or former spouse or similarly situated individual, a conviction might be considered a CODV. If the record of conviction shows that the victim was a child, the conviction would probably be considered a CAC. If the victim was a current or former spouse or similarly situated individual, a conviction might be considered a CODV. If the record of conviction shows that the victim was a child, the conviction would probably be considered a CAC, particularly if conviction under subsection (1)(c). (5/03) A 15
APPENDIX A SEX OFFENSES (concluded) sexual abuse, Class C felony sexual abuse, Class B felony 130.67 If the record of conviction shows that the victim was a minor, would be deemed a sexual abuse of a minor AF, OR, in other cases, might be deemed rape AF, OR, if term of imprisonment one year is imposed, might be deemed a crime of violence 130.70 If the record of conviction shows that the victim was a minor, would be deemed a sexual abuse of a minor AF, OR, in other cases, might be deemed rape AF, OR, if term of imprisonment one year is imposed, might be deemed a crime of violence BURGLARY AND RELATED OFFENSES Trespass 140.05 No. No. Firearm (FO) If the victim was a current or former spouse or similarly situated individual, a conviction might be considered a CODV. If the record of conviction shows that the victim was a child, the conviction would probably be considered a CAC, particularly if conviction under subsection (1)(c). If the victim was a current or former spouse or similarly situated individual, a conviction might be considered a CODV. If the record of conviction shows that the victim was a child, the conviction might also be considered a CAC, particularly if conviction under subsection (1)(c). Violation trespass, 3rd degree Class B trespass, 140.10 No. No. 140.15 No. No. A 16 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES BURGLARY AND RELATED OFFENSES (continued) trespass, Burglary, 3rd degree Burglary, Class C felony Burglary, Class B felony 140.17 If term of at least one year is imposed, would probably crime of violence 140.20 If term of at least one year is imposed, would probably burglary AF, or might be deemed a crime of violence 140.25 If term of at least one year is imposed, a conviction under subsection (1) would probably burglary AF or a crime of violence AF, and a conviction under subsection (2) would be burglary or crime of violence 140.30 If term of at least one year is imposed, would be a burglary or crime of violence Might be Would be considered a CIMT if record of conviction establishes that crime intended to be committed was Would be considered a CIMT if record of conviction establishes that crime intended to be committed was Would be considered a CIMT if record of conviction establishes that crime intended to be committed was Firearm (FO) Conviction might be considered a FO if record of conviction establishes that offense involved a firearm. Conviction might be considered a FO if record of conviction establishes that offense involved a firearm. Conviction might be considered a FO if record of conviction establishes that offense involved a firearm. (5/03) A 17
APPENDIX A BURGLARY AND RELATED OFFENSES (concluded) Possession of burglar s tools 140.35 No, unless maximum term of imprisonment of imposed in which case might be deemed an attempted burglary or theft CRIMINAL MISCHIEF AND RELATED OFFENSES mischief, 4th degree mischief, 3rd degree 145.00 No, unless maximum term of imprisonment of imposed and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, in which case might be deemed a crime of violence 145.05 If term of imprisonment of at least imposed and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, might be deemed a crime of violence Might be considered a CIMT if record of conviction establishes that the offense intended to be committed was Conviction under subsections (1) or (2) would probably be considered a CIMT; conviction under subsection (3) might be Firearm (FO) A 18 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES Firearm (FO) CRIMINAL MISCHIEF AND RELATED OFFENSES (concluded) mischief, mischief, Class B felony Reckless endangerment of property 145.10 If term of imprisonment of at least imposed and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, might be deemed a crime of violence 145.12 If term of imprisonment of at least imposed, would probably be deemed a crime of violence 145.25 No. Would probably NOT be considered Conviction might be considered a FO (or destructive device offense) if record of conviction establishes that offense involved destructive device (as defined in 18 U.S.C. 921(a)). Class B Making graffiti Possession of graffiti instrument Class B 145.60 No, unless maximum term of imprisonment of imposed and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, in which case might be deemed a crime of violence Would probably NOT be considered 145.65 No. Would probably NOT be considered (5/03) A 19
APPENDIX A ARSON Arson, 5th degree Arson, 4th degree Arson, 3rd degree Class C felony Arson, Class B felony Arson, -I felony 150.01 No, unless maximum term of imprisonment of imposed, in which case would probably be deemed a crime of violence 150.05 If term of at least one year is imposed, would probably crime of violence 150.10 If term of at least one year is imposed, would probably crime of violence 150.15 If term of at least one year is imposed, would probably crime of violence 150.20 If term of at least one year is imposed, would probably crime of violence Might be considered Might be considered Firearm (FO) Conviction might be considered a FO (or destructive device offense) if record of conviction establishes that offense involved destructive device (as defined in 18 U.S.C. 921(a)). Conviction might be considered a FO (or destructive device offense) if record of conviction establishes that offense involved destructive device (as defined in 18 U.S.C. 921(a)). Conviction might be considered a FO (or destructive device offense) if record of conviction establishes that offense involved destructive device (as defined in 18 U.S.C. 921(a)). Conviction might be considered a FO (or destructive device offense) if record of conviction establishes that offense involved destructive device (as defined in 18 U.S.C. 921(a)). Conviction might be considered a FO (or destructive device offense) if record of conviction establishes that offense involved destructive device (as defined in 18 U.S.C. 921(a)). A 20 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES Firearm (FO) LARCE Petit larceny 155.25 No, unless maximum term of imposed in which case would probably be deemed a theft Grand larceny, 4th degree 155.30 If term of imprisonment imposed, would probably be deemed a theft Grand larceny, 3rd degree 155.35 If term of imprisonment imposed, would probably be deemed a theft Grand larceny, Class C felony 155.40 If term of imprisonment imposed, would probably be deemed a theft Grand larceny, Class B felony 155.42 If term of imprisonment imposed, would probably be deemed a theft (5/03) A 21
APPENDIX A ROBBERY Robbery, 3rd degree Robbery, Class C felony Robbery, Class B felony 160.05 If term of imprisonment imposed, would be crime of violence or theft 160.10 If term of imprisonment imposed, would be crime of violence or theft 160.15 If term of imprisonment imposed, would be crime of violence or theft OTHER OFFENSES RELATED TO THEFT Unauthorized use of vehicle, 3rd degree Unauthorized use of vehicle, Unauthorized use of vehicle, 165.05 No, unless maximum term of imposed in which case might be deemed a theft 165.06 If term of imprisonment imposed, might theft 165.08 If term of imprisonment imposed, might theft Firearm (FO) Conviction under subsection 2(b) might be considered a FO if record of conviction establishes that offense involved a firearm. Conviction under subsections (2),(3), or (4) might be considered FO if record of conviction establishes that offense involved a firearm. Would probably NOT be considered a CIMT unless record of conviction establishes permanent taking intended. Would probably NOT be considered a CIMT unless record of conviction establishes permanent taking intended. Might be considered a CIMT, particularly if record establishes intent to use vehicle in the commission of a CIMT. A 22 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES OTHER OFFENSES RELATED TO THEFT (continued) Theft of services Violation Jostling possession of stolen property, 5th degree possession of stolen property, 4th degree possession of stolen property, 3rd degree possession of stolen property, Class C felony 165.15 If term of imprisonment of one year or more is imposed, might theft 165.25 No. Would probably NOT be considered 165.40 No, unless maximum term of imposed in which case would probably be deemed a theft 165.45 If term of imprisonment imposed, would probably be deemed a theft 165.50 If term of imprisonment imposed, would probably be deemed a theft 165.52 If term of imprisonment imposed, would probably be deemed a theft considered a CIMT (but note presumption, not actual finding, that person possessed property with intent to benefit himself or another). considered a CIMT (but note presumption, not actual finding, that person possessed property with intent to benefit himself or another). considered a CIMT (but note presumption, not actual finding, that person possessed property with intent to benefit himself or another). considered a CIMT (but note presumption, not actual finding, that person possessed property with intent to benefit himself or another). Firearm (FO) (5/03) A 23
APPENDIX A OTHER OFFENSES RELATED TO THEFT (concluded) possession of stolen property, Class B felony 165.54 If term of imprisonment imposed, would probably be deemed a theft FORGERY AND RELATED OFFENSES Forgery, 3rd degree Forgery, 170.05 If maximum term of imprisonment of imposed, would probably be deemed a forgery AF; OR, if the loss to the victim(s) exceeds $10,000, might be deemed a fraud AF especially if record of conviction shows element of intent to defraud or deceive (as opposed to injure). 170.10 If term of imprisonment imposed, would probably be deemed a forgery AF; OR, if the loss to the victim(s) exceeds $10,000, might be deemed a fraud AF especially if record of conviction shows element of intent to defraud or deceive (as opposed to injure) considered a CIMT (but note presumption, not actual finding, that person possessed property with intent to benefit himself or another). Firearm (FO) A 24 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES FORGERY AND RELATED OFFENSES (continued) Forgery, Class C felony possession of a forged instrument, 3rd degree 170.15 If term of imprisonment imposed, would probably be deemed a forgery AF; OR, if the loss to the victim(s) exceeds $10,000, might be deemed a fraud AF especially if record of conviction shows element of intent to defraud or deceive (as opposed to injure) 170.20 If maximum term of imprisonment of imposed, might forgery AF; OR, if the loss to the victim(s) exceeds $10,000, might be deemed a fraud AF especially if record of conviction shows element of intent to defraud or deceive (as opposed to injure). Firearm (FO) (5/03) A 25
APPENDIX A FORGERY AND RELATED OFFENSES (concluded) possession of a forged instrument, possession of a forged instrument, Class C felony OTHER FRAUDS Issuing a bad check Class B impersonation, A 26 170.25 If term of imprisonment imposed, might forgery AF; OR, if the loss to the victim(s) exceeds $10,000, might be deemed a fraud AF especially if record of conviction shows element of intent to defraud or deceive (as opposed to injure). 170.30 If term of imprisonment imposed, might forgery AF; OR, if the loss to the victim(s) exceeds $10,000, might be deemed a fraud AF, especially if record of conviction shows element of intent to defraud or deceive (as opposed to injure). 190.05 No. Would probably NOT be considered 190.25 If the loss to the victim(s) exceeds $10,000, might fraud or deceit Firearm (FO) (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES ESCAPE AND OTHER OFFENSES RELATING TO CUSTODY impersonation, Resisting arrest 190.26 If the loss to the victim(s) exceeds $10,000, might fraud or deceit 205.30 No. No. Firearm (FO) Hindering prosecution, 3rd degree Hindering prosecution, Hindering prosecution, 205.55 No, unless maximum term of imposed in which case might be deemed an obstruction of justice 205.60 If term of imprisonment imposed, would probably be deemed an obstruction of justice 205.65 If term of imprisonment imposed, would probably be deemed an obstruction of justice Might be considered Might be considered Might be considered OTHER OFFENSES RELATING TO JUDICIAL AND OTHER PROCEEDINGS contempt, 215.50 No, unless maximum term of imposed in which case might be deemed an obstruction of justice Might be considered Would probably NOT be considered a CSO, etc., even if the underlying offense was a CSO, etc. (See Appendix E). Would probably NOT be considered a CSO, etc., even if the underlying offense was a CSO, etc. (See Appendix E). Would probably NOT be considered a CSO, etc., even if the underlying offense was a CSO, etc. (See Appendix E). If conviction involves violation of a protection order, might trigger deportability under CODV clause regarding violators of protection orders. (5/03) A 27
APPENDIX A Firearm (FO) OTHER OFFENSES RELATING TO JUDICIAL AND OTHER PROCEEDINGS (concluded) contempt, 215.51 If term of imprisonment imposed, would probably be deemed an obstruction of justice AF; OR, if term of at least one year is imposed, conviction under subsections b(i), (b)(v) and (b)(vi) would probably crime of violence AF, and a conviction under subsections (b)(ii) and (b)(iii) might be deemed a crime of violence If term of imprisonment imposed and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, conviction under subsection (d) might also be deemed a crime of violence Might be considered If conviction involves violation of a protection order, might trigger deportability under CODV clause regarding violators of protection orders. A 28 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES CONTROLLED SUBSTANCE OFFENSES CPCS, 7th degree CPCS, 5th degree 220.03 Would probably NOT be deemed a drug trafficking AF (but may possibly be deemed a drug trafficking AF if record of conviction shows possession of more than 5 grams of crack or any amount of flunitrazepam, or if conviction is for a second or subsequent possession offense) 220.06 Would probably drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802 (but may possibly be deemed not a drug trafficking crime AF if not convicted of intent to sell or possession of more than 5 grams of crack or any amount of flunitrazepam, and later removal proceedings are held within jurisdiction of the Third Circuit U.S. Court of Appeals see App. G, section 1.b). Would probably NOT be considered Would probably NOT be considered a CIMT, although a conviction under subsection (1) requiring intent to sell might be Firearm (FO) Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. (5/03) A 29
APPENDIX A CONTROLLED SUBSTANCE OFFENSES (continued) CPCS, 4th degree Class C felony 220.09 Would probably drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802 (but may possibly be deemed not a drug trafficking crime AF if not convicted of intent to sell or possession of more than 5 grams of crack or any amount of flunitrazepam, and later removal proceedings are held within jurisdiction of the Third Circuit U.S. Court of Appeals see App. G, section 1.b). Would probably NOT be considered a CIMT, although a conviction under subsection (13) requiring intent to sell might be Firearm (FO) Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. A 30 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES CONTROLLED SUBSTANCE OFFENSES (continued) CPCS, 3rd degree Class B felony 220.16 Would probably drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802 (but may possibly be deemed not a drug trafficking crime AF if not convicted of intent to sell or possession of more than 5 grams of crack or any amount of flunitrazepam, and later removal proceedings are held within jurisiction of the Third Circuit U.S. Court of Appeals see App. G, section 1.b). Would probably NOT be considered a CIMT, although a conviction under subsections (1) through (7) requiring intent to sell might be Firearm (FO) Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. (5/03) A 31
APPENDIX A CONTROLLED SUBSTANCE OFFENSES (continued) CPCS, -II felony 220.18 Would probably drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802 (but may possibly be deemed not a drug trafficking crime AF if not convicted of possession of more than 5 grams of crack or any amount of flunitrazepam, and later removal proceedings are held within jurisdiction of the Third Circuit U.S. Court of Appeals see App. G, section 1.b). Would probably NOT be considered Firearm (FO) Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. A 32 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES CONTROLLED SUBSTANCE OFFENSES (continued) CPCS, -I felony CSCS, 5th degree CSCS, 4th degree Class C felony 220.21 Would probably drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802 (but may possibly be deemed not a drug trafficking crime AF if not convicted of possession of more than 5 grams of crack or any amount of flunitrazepam, and later removal proceedings are held within jurisdiction of the Third Circuit U.S. Court of Appeals see App. G, section 1.b). 220.31 Would probably drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802. 220.34 Would probably drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802. Would probably NOT be considered Firearm (FO) Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. (5/03) A 33
APPENDIX A CONTROLLED SUBSTANCE OFFENSES (continued) CSCS, 3rd degree Class B felony CSCS, -II felony CSCS, -I felony CSCS in or near school grounds Class B felony ly possessing a hypodermic instrument 220.39 Would probably drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802. 220.41 Would probably drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802. 220.43 Would probably drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802. 220.44 Would probably drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802. 220.45 No. Would probably NOT be considered Firearm (FO) Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. Might NOT be considered a CSO. A 34 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES CONTROLLED SUBSTANCE OFFENSES (concluded) injection of a narcotic drug ly using drug paraphernalia, ly using drug paraphernalia, possession of precursors of CS 220.46 Might be deemed a drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802. 220.50 Might be deemed a drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802. 220.55 Would probably drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802. 220.60 Would probably drug trafficking AF if record of conviction establishes a controlled substance as defined in 21 USC 802. Might be Might be considered Might be considered Might be considered Firearm (FO) Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. (5/03) A 35
APPENDIX A OFFENSES INVOLVING MARIHUANA Unlawful possession of marihuana Violation possession of marihuana (CPM), 5th degree Class B CPM, 4th degree 221.05 Would probably NOT be deemed a drug trafficking AF (but may possibly be deemed a drug trafficking AF if conviction is for a second or subsequent possession offense) 221.10 Would probably NOT be deemed a drug trafficking AF (but may possibly be deemed a drug trafficking AF if conviction is for a second or subsequent possession offense). 221.15 Would probably NOT be deemed a drug trafficking AF (but may possibly be deemed a drug trafficking AF if conviction is for a second or subsequent possession offense). Would probably NOT be considered Would probably NOT be considered Would probably NOT be considered Firearm (FO) Would be considered a CSO for inadmissibility purposes; however, for deportability purposes, would be CSO only if record of conviction establishes possession of more than 30 grams of marihuana, or if more than one offense involving possession of 30 grams or less of marihuana. Would be considered a CSO for inadmissibility purposes; however, for deportability purposes, would be CSO only if record of conviction establishes possession of more than 30 grams of marihuana, or if more than one offense involving possession of 30 grams or less of marihuana. Would be considered a CSO. A 36 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES OFFENSES INVOLVING MARIHUANA (continued) CPM, 3rd degree CPM, CPM, Class C felony 221.20 Would probably drug trafficking AF (but may possibly be deemed not a drug trafficking AF if later removal proceedings are held within jurisdiction of the Third Circuit U.S. Court of Appeals see App. G., section 1.b). 221.25 Would probably drug trafficking AF (but may possibly be deemed not a drug trafficking AF if later removal proceedings are held within jurisdiction of the Third Circuit U.S. Court of Appeals see App. G., section 1.b). 221.30 Would probably drug trafficking AF (but may possibly be deemed not a drug trafficking AF if later removal proceedings are held within jurisdiction of the Third Circuit U.S. Court of Appeals see App. G., section 1.b). Would probably NOT be considered Would probably NOT be considered Would probably NOT be considered Firearm (FO) Would be considered a CSO. Would be considered a CSO. Would be considered a CSO. (5/03) A 37
APPENDIX A OFFENSES INVOLVING MARIHUANA (concluded) CSM, 5th degree Class B CSM, 4th degree CSM, 3rd degree CSM, CSM, Class C felony PROSTITUTION OFFENSES Class B 221.35 Might be deemed a drug trafficking AF (unless later removal proceedings are held within jurisdiction of the Third Circuit U.S. Court of Appeals see App. G., section 1.b). 221.40 Might be deemed a drug trafficking AF (unless later removal proceedings are held within jurisdiction of the Third Circuit U.S. Court of Appeals see App. G., section 1.b). 221.45 Would probably drug trafficking 221.50 Would probably drug trafficking 221.55 Would probably drug trafficking Might be considered Firearm (FO) Would be considered a CSO. Would be considered a CSO. Would be considered a CSO. Would be considered a CSO. Would be considered a CSO. 230.00 No. Would trigger prostitution inadmissibility. A 38 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES PROSTITUTION OFFENSES (continued) Patronizing a prostitute, 4th degree Class B Patronizing a prostitute, 3rd degree 230.03 If record of conviction establishes that prostitute was a minor, might be deemed a sexual abuse of a minor 230.04 Might be deemed a sexual abuse of a minor Firearm (FO) Patronizing a prostitute, Patronizing a prostitute, Promoting prostitution, 4th degree Promoting prostitution, 3rd degree 230.05 Might be deemed a sexual abuse of a minor 230.06 Might be deemed a sexual abuse of a minor 230.20 Might be deemed a prostitution business AF; OR, if record of conviction establishes that prostitution promoted was of a minor, might be deemed a sexual abuse of a minor 230.25 Would probably prostitution business AF; OR, if record of conviction establishes that prostitution promoted was of a minor, might be deemed a sexual abuse of a minor Might trigger prostitution inadmissibility. Might trigger prostitution inadmissibility. (5/03) A 39
APPENDIX A PROSTITUTION OFFENSES (concluded) Promoting prostitution, Class C felony Promoting prostitution, Class B felony Permitting prostitution Class B 230.30 Would probably prostitution business AF; OR, if record of conviction establishes that prostitution promoted was of a minor, might be deemed a sexual abuse of a minor AF; OR, if term of sentence imposed is at least one year, conviction under subsection (1) might be deemed a crime of violence AF, particularly if record of conviction shows compulsion by force (as opposed to intimidation). 230.32 Would probably prostitution business AF; OR, might be deemed a sexual abuse of a minor 230.40 Probably NOT. Might be considered OFFENSES AGAINST PUBLIC ORDER Disorderly conduct 240.20 No. No. Violation Firearm (FO) Might trigger prostitution inadmissibility. Might trigger prostitution inadmissibility. Might trigger prostitution inadmissibility. A 40 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES OFFENSES AGAINST PUBLIC ORDER (continued) Harassment, Class B Harassment, Violation harassment, harassment, Loitering Violation Loitering, Class B 240.25 No. Might be considered 240.26 No. Might be 240.30 No, unless maximum term of imprisonment of imposed in which case conviction under subsections (3) or (4) might crime of violence 240.31 If term of at least one year is imposed, might crime of violence Might be 240.35 No. Convictions under subsections (2) and (3) might be 240.36 No. Might be Firearm (FO) If the victim was a current or former spouse or similarly situated individual and later removal proceedings are held outside of the jurisdiction of the Second Circuit U.S. Court of Appeals, a conviction might be considered a CODV. A conviction might also trigger deportability under CODV clause regarding crime of stalking. If the victim was a current or former spouse or similarly situated individual, a conviction under subsection (1) might be considered a CODV. A conviction might also trigger deportability under CODV clause regarding crime of stalking. If the victim was a current or former spouse or similarly situated individual, a conviction under subsections (3) or (4) might be considered a CODV. A conviction might trigger deportability under CODV clause regarding crime of stalking. If the victim was a current or former spouse or similarly situated individual, a conviction might be considered a CODV. A conviction might also trigger deportability under CODV clause regarding crime of stalking. Might be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. (5/03) A 41
APPENDIX A OFFENSES AGAINST PUBLIC ORDER (concluded) Loitering for the purpose of engaging in a prostitution offense 240.37 No. Might be Firearm (FO) Might trigger prostitution inadmissibility. Violation Class B Appearance in public under influence of drug other than alcohol Violation nuisance, 240.40 No. Would probably NOT be considered 240.45 No. Might be Might be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. Class B nuisance, 240.46 Might be deemed a drug trafficking Might be considered Might be considered a CSO if record of conviction establishes a controlled substance as defined in 21 USC 802. OFFENSES RELATING TO CHILDREN AND INCOMPETENTS Endangering the welfare of a child 260.10 Probably NOT. Conviction under subsection (1) might be considered Conviction might be considered a CAC. A 42 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES FIREARMS AND OTHER DANGEROUS WEAPONS possession of a weapon, 4th degree possession of a weapon, 3rd degree 265.01 Probably NOT unless record of conviction establishes conviction under subsection (4) or an offense akin to one described in 18 U.S.C. 922(g) (1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r), 18 U.S.C. 924 (b) or (h), or 26 U.S.C. 5861, in which case might be deemed a firearm offense 265.02 If term of at least one year is imposed, might crime of violence AF; OR, if record of conviction establishes an offense akin to one described in 18 U.S.C. 922(g) (1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r), 18 U.S.C. 924 (b) or (h), or 26 U.S.C. 5861, might be deemed a firearm offense considered a CIMT if convicted under subsections (2) or (8) requiring intent to use weapon. considered a CIMT if convicted under subsection (1) (when referencing CPW, 4th degree, subsection (2)). Firearm (FO) Conviction under subsections (1) through (6) would be considered a FO but only if record of conviction establishes that offense involved a firearm or destructive device (as defined in 18 USC 921(a). Would be considered a FO but only if record of conviction establishes firearm or destructive device (as defined in 18 USC 921(a)). (5/03) A 43
APPENDIX A Firearm (FO) FIREARMS AND OTHER DANGEROUS WEAPONS (concluded) possession of a weapon, Class C felony possession of a dangerous weapon, Class B felony 265.03 If term of at least one year is imposed, would probably crime of violence AF; OR, if record of conviction establishes an offense akin to one described in 18 U.S.C. 922(g) (1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r), 18 U.S.C. 924 (b) or (h), or 26 U.S.C. 5861, might be deemed a firearm offense 265.04 If term of at least one year is imposed, would probably crime of violence AF; OR, if record of conviction establishes an offense akin to one described in 18 U.S.C. 922(g) (1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r), 18 U.S.C. 924 (b) or (h), or 26 U.S.C. 5861, might be deemed a firearm offense Would be considered a FO if record of conviction establishes firearm or destructive device (as defined in 18 USC 921(a)). Would be considered a FO if record of conviction establishes firearm or destructive device (as defined in 18 USC 921(a)). A 44 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES NEW YORK VEHICLE AND TRAFFIC LAW OFFENSES Vehicle and Traffic SUSPENSION AND REVOCATION OF DRIVER S LICENSES unlicensed operation of a vehicle, 3rd degree 511(1) No. Would probably NOT be Controlled Substance (CSO)? Misdemeanor unlicensed operation of a vehicle, Misdemeanor unlicensed operation of a vehicle, Facilitating aggravated unlicensed operation of a vehicle, 3rd degree Traffic infraction Facilitating aggravated unlicensed operation of a vehicle, Misdemeanor Facilitating aggravated unlicensed operation of a vehicle, Class E 511(2) No. Might be considered a CIMT. 511(3) Probably NOT (but if conviction is under subsection (a)(i) (under the influence of alcohol or a drug) possibly may be deemed a crime of violence AF if term of at least imposed, and later removal proceedings are held within jurisdiction of Circuit Courts of Appeals that have held DUI to be crime of violence AF see App. G, section 1.f). Conviction under subsection (a)(i) would probably be 511a-(1) No. Would probably NOT be 511a-(3) No. Would probably NOT be 511a-(4) No. Would probably NOT be Might CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. 802. (5/03) A 45
APPENDIX A NEW YORK VEHICLE AND TRAFFIC LAW OFFENSES (cont d.) Vehicle and Traffic SUSPENSION AND REVOCATION OF DRIVER S LICENSES (concluded) Operation while registration or privilege is suspended or revoked. 512 No. Would probably NOT be Controlled Substance (CSO)? Misdemeanor ALCOHOL AND DRUG-RELATED OFFENSES Driving while ability impaired 1192(1) No. Would probably NOT be Traffic infraction Misdemeanor Driving while intoxicated; per se Misdemeanor Driving while intoxicated Misdemeanor 1192(2) Probably NOT (but possibly may be deemed crime of violence AF if term of at least imposed, and later removal proceedings are held within jurisdiction of Circuit Courts of Appeals that have held DUI to be a crime of violence AF see App. G, section 1.f). 1192(3) Probably NOT (but possibly may be deemed crime of violence AF if term of at least imposed, and later removal proceedings are held within jurisdiction of Circuit Courts of Appeals that have held DUI to be a crime of violence AF see App. G, section 1.f). Without any aggravating circumstance, would probably NOT be considered a CIMT; however, might be considered CIMT if record of conviction establishes circumstance such as driving while knowing license suspended or revoked due to prior conviction for driving under the influence of alcohol or drugs. Without any aggravating circumstance, would probably NOT be considered a CIMT; however, might be considered CIMT if record of conviction establishes circumstance such as driving while knowing license suspended or revoked due to prior conviction for driving under the influence of alcohol or drugs. A 46 (5/03)
REFERENCE CHART FOR DETERMINING KEY IMMIGRATION CONSEQUENCES OF COMMON OFFENSES NEW YORK VEHICLE AND TRAFFIC LAW OFFENSES (cont d.) Vehicle and Traffic ALCOHOL AND DRUG-RELATED OFFENSES (concluded) Driving while ability impaired by drugs Misdemeanor 1192(4) Probably NOT (but possibly may be deemed crime of violence AF if term of at least imposed, and later removal proceedings are held within jurisdiction of Circuit Courts of Appeals that have held DUI to be a crime of violence AF see App. G, section 1.f). Without any aggravating circumstance, would probably NOT be considered a CIMT; however, might be considered CIMT if record of conviction establishes circumstance such as driving while knowing license suspended or revoked due to prior conviction for driving under the influence of alcohol or drugs. Controlled Substance (CSO)? Might CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. 802. (5/03) A 47